Court: Appellate Division of the Supreme Court of the State of New York; December 21, 1997; New York; State Appellate Court
In a medical malpractice case, the plaintiff appeals three rulings from the Supreme Court, Rockland County: (1) an order from July 15, 1996, granting defendants' motions to dismiss the complaint with prejudice; (2) a judgment from October 1, 1996, dismissing the complaint with prejudice; and (3) an order from November 19, 1996, denying the plaintiff’s motion to vacate the July 15 order. The appeal from the July 15 order is dismissed, as the right to appeal terminated with the entry of judgment. The judgment and the November 19 order are both affirmed, and the defendants are awarded costs.
The court determined that the plaintiff's attorney committed two violations of 22 NYCRR 125.1 (g): first, on January 29, 1996, by failing to appear or provide substitute counsel for a trial scheduled nine months prior, and second, on May 30, 1996, after a four-month postponement. Despite several granted adjournments and warnings from the court regarding potential dismissal, the attorney did not comply. Consequently, the Supreme Court did not err in dismissing the action with prejudice and denying the motion to vacate this dismissal. The decision reflects adherence to procedural rules and a lack of justification for the attorney's repeated failures to appear. Judges O’Brien, Pizzuto, Friedmann, and Krausman concurred in the decision.
